Prasath v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Prasath ... Petitioner/A4 Vs State represented by The Inspector of Police, Nungambakkam Police Station, Chennai.

... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.335 of 2025 dated 25.05.2025 on the file of the respondent police. For petitioner : Mr.D.Selvam For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.05.2025 for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 109, 324(4), 351(3) of BNS, 2023 and Section 4 of the TNPPDL Act in Crime No.335 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the de-facto complainant is working as a Manager in a bar. The petitioner along with other accused visited the bar and intentionally fell on another person, namely, Selva Bharathi whereby a quarrel arose. The petitioner along with other accused abused the said Selva Bharathi and attacked him with beer bottles and also caused damage to the bar property. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this 2/6

case. It was a drunken brawl between two groups in a bar. He further submitted that already complaint has been given against the Selva Bharathi in Crime No.327 of 2025. He further submitted that the co-accused/A2 has been granted bail by this Court in Crl.O.P.No.17142 of 2025. The petitioner is also similarly placed. After the registration of the above case, the petitioner has been implicated in several cases including NDPS Act cases. Hence, prayed for granting bail to the petitioner.

4.The learned Government Advocate strongly opposed for granting bail to the petitioner stating that there are 7 previous cases pending against the petitioner, of which, 4 cases are job racketing and one case is under NDPS Act for using cocaine. The petitioner in accompany with persons from high society indulging in various activities. So far, he has not come into notice. After this occurrence, his antecedents revealed and the petitioner has been arrested, investigation is proceeding against the petitioner and the 3/6

petitioner had been already detained under Tamil Naud Act 14, 1982. Hence, strongly opposed for granting bail to the petitioner. 5.Finding that the petitioner has got 7 previous cases of job racketing and NDPS cases, this Court is not inclined to grant bail to the petitioner and hence, the criminal original petition is dismissed. 01.07.2025 rsi 4/6

To:

1.The Inspector of Police, Nungambakkam Police Station, Chennai.

2.The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Public Prosecutor, High Court Madras.

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M.NIRMAL KUMAR, J.

rsi 01.07.2025 6/6